[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50935-50936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23845]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2017-0104]


Petition for Waiver of Compliance

    Under Part 211 of Title 49 Code of Federal Regulations (CFR), this 
provides the public notice that on October 2, 2017, Caltrain petitioned 
the Federal Railroad Administration (FRA) for a waiver of compliance 
from certain provisions of the Federal railroad safety regulations 
contained at 49 CFR part 238. FRA assigned the petition Docket Number 
FRA-2017-0104.
    Caltrain operates commuter rail passenger service throughout 
California's Peninsula corridor from San Francisco to Gilroy under the 
auspices of the Peninsula Corridor Joint Powers Board (JPB). In this 
petition, Caltrain seeks a waiver of compliance from a portion of 49 
CFR 238.113(a)(2), Emergency window exits, for the Caltrain Electric 
Multiple Unit (EMU) restroom car. The Americans With Disabilities Act 
(ADA)-compliant restroom facility extends from the exterior side door 
to nearly the centerline of the car, thus precluding the placement of 
the emergency window exit in this quadrant of the car in the lower main 
level. Caltrain believes the intent of the emergency window requirement 
is met, since the position of the window provides the closest practical 
fulfillment of the location requirements, without otherwise 
compromising access to either the emergency window exit or the ADA 
restroom facility. Additionally, passengers have ready access to the 
exterior side door with a clear opening of 51 inches. However, since 
the design does not meet the literal interpretation of ``each end 
(half) of the car,'' Caltrain is requesting a waiver of this 
requirement for this restroom car.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov and in person at the U.S. Department of 
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey 
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations 
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except 
Federal Holidays.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested parties 
desire an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by December 18, 2017 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable.
    Anyone can search the electronic form of any written communications 
and comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the document, if 
submitted on behalf of an association, business, labor union, etc.). 
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better 
inform its processes. DOT posts these comments, without edit, including 
any personal information the commenter

[[Page 50936]]

provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC, on October 26, 2017.
John K. Alexy,
Director, Office of Safety Analysis.
[FR Doc. 2017-23845 Filed 11-1-17; 8:45 am]
 BILLING CODE 4910-06-P